Adequate – enough
in either quantity or quality, as determined by a reasonable person. This
determination shall be consistent with current professional standards of the
subject under review, to meet the needs of the residents of a facility under
the particular set of circumstances in existence at the time of review.

Administrative
warning – a notice to an establishment issued by the Department under Section
295.1060 of this Part that indicates that a situation, condition or practice in
the establishment violates the Act or this Part at the level of a Type 3
violation.

Applicant – the
individual, partnership, corporation, association, or other person that owns or
operates an assisted living or shared housing establishment and applies for a
license.

Appropriate – indicates
that a requirement is to be applied according to the needs of a particular
individual or situation, as determined by a reasonable person. This
determination shall be consistent with current professional standards of the
subject under review.

Assessment – see
Physician's assessment.

Assisted
living establishment or establishment – a home, building, residence, or any
other place where sleeping accommodations are provided for at least three
unrelated adults, at least 80% of whom are 55 years of age or older and where
the following are provided consistent with the purposes of the Act:

services
consistent with a social model that is based on the premise that the resident's
unit in assisted living and shared housing is his or her own home;
community-based residential care for persons who need assistance with
activities of daily living, including personal, supportive, and intermittent
health-related services available 24 hours per day, if needed, to meet the
scheduled and unscheduled needs of a resident;

mandatory
services, whether provided directly by the establishment or by another entity
arranged for by the establishment, with the consent of the resident or
resident's representative; and

a physical
environment that is a homelike setting that includes the following and such
other elements as established by the Department: individual living units each
of which shall accommodate small kitchen appliances and contain private
bathing, washing, and toilet facilities, or private washing and toilet
facilities with a common bathing room readily accessible to each resident.
Units shall be maintained for single occupancy except in cases in which 2
residents choose to share a unit. Sufficient common space shall exist to
permit individual and group activities.

Assisted
living establishment or establishment does not mean any of the following:

A home,
institution, or similar place operated by the federal government or the State
of Illinois.

A long term
care facility licensed under the Nursing Home Care Act or facility licensed
under the MR/DD Community Act. However, a facility licensed under either of
those Acts may convert distinct parts of the facility to assisted living. If
the facility elects to do so, the facility shall retain the Certificate of Need
for its nursing and sheltered care beds that were converted.

A hospital,
sanitarium, or other institution, the principal activity or business of which
is the diagnosis, care, and treatment of human illness and that is required to
be licensed under the Hospital Licensing Act.

A facility
for child care as defined in the Child Care Act of 1969.

A community
living facility as defined in the Community Living Facilities Licensing Act.

A nursing
home or sanitarium operated solely by and for persons who rely exclusively upon
treatment by spiritual means through prayer in accordance with the creed or tenets
of a well-recognized church or religious denomination.

A facility
licensed by the Department of Human Services as a community-integrated living
arrangement as defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.

A
supportive residence licensed under the Supportive Residences Licensing Act.

The portion
of a life care facility as defined in the Life Care Facilities Act not licensed
as an assisted living establishment under the Act; a life care facility
may apply under the Act to convert sections of the community to assisted
living.

A
free-standing hospice facility licensed under the Hospice Program Licensing
Act.

A shared
housing establishment.

A
supportive living facility as described in Section 5-5.01a of the Illinois
Public Aid Code. (Section 10 of the Act)

Chemical
restraint – any drug that is used for discipline or convenience and is not
required to treat medical symptoms.

Comprehensive
assessment – see Physician's assessment.

Contract – a
legal document containing all information required by Section 90 of the Act
between the resident or his/her representative and the establishment, outlining
the rights and responsibilities of both parties.

is
attributable to a mental or physical impairment or combination of mental and
physical impairments;

is manifested
before the person attains age 22;

is likely to
continue indefinitely;

results in
substantial limitations in three or more of the following areas of major life
activity: self-care, receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, and economic self-sufficiency;
and

reflects the
person's need for a combination and sequence of special, interdisciplinary or
generic care, treatment or other services that are of lifelong or extended
duration and are individually planned and coordinated.

Dietitian – a
person who is a licensed dietitian as provided in the Dietetic and Nutrition
Services Practice Act.

Direct care – the
provision of nursing care or assistance with feeding, dressing, movement,
bathing, or other personal needs.

Direct care
staff – any person who provides assistance with nursing care or assistance with
feeding, dressing, movement, bathing or other personal needs to a resident.

Direct
supervision – oversight of the establishment by the manager.

Emergency
situation – imminent danger of death or serious physical harm to a resident of
an establishment. (Section 10 of the Act)

Evaluation or
establishment evaluation – a determination by the establishment of a resident's
abilities and needs, which takes into account the physician's assessment
pursuant to Section 295.4000.

Financial
exploitation – the act of obtaining control over the resident or his/her
property through deception or intimidation with the intent of depriving the
resident of the use, benefit or possession of his/her property.

Financial
viability – having sufficient assets to provide mandatory services and
utilities for at least a three-month period of time.

Floating License − an assisted living or shared housing
establishment license issued by the Department in accordance with Section
295.600 or 295.700 that authorizes the establishment to transfer licensure from
one individual living unit to another, in accordance with Section 32 of the Act
and Section 295.1110. A floating license applies to any number of individual
living units within the establishment up to, but not including, total capacity.
(Section 32 of the Act)

Full time – on
duty a minimum of 36 hours, four days per week.

Governing body
– the policy-making authority, whether an individual or a group, that exercises
general direction over the affairs of an establishment and establishes policies
concerning its operation and the welfare of the individuals it serves.

Guardian – a
person appointed under the Probate Act of 1975 as a guardian of the person or
guardian of the estate, or both, of a resident.

Home health
agency – a public agency or private organization that is licensed to provide
home health services under the Home Health, Home Services, and Home Nursing
Agency Licensing Act.

License – any
of the following types of licenses issued to an applicant or licensee by the
Department:

Probationary
license – a license issued to an applicant or licensee that has not held a
license under the Act prior to its application or pursuant to a license
transfer in accordance with Section 50 of the Act.

Regular
license – a license issued by the Department to an applicant or licensee that
is in substantial compliance with the Act and this Part. (Section 10
of the Act)

Licensed
health care professional – a registered professional nurse, an advanced practice
nurse, a physician assistant, and a licensed practical nurse who holds a
valid Illinois license under the applicable licensure statute. (Section 10 of
the Act)

Licensee – a
person, agency, association, corporation, partnership, or organization that has
been issued a license to operate an assisted living or shared housing
establishment. (Section 10 of the Act)

Manager – the
individual in charge of overseeing and responsible for the day-to-day operation
of the establishment.

Mandatory
services – include the following:

3 meals per
day available to the residents prepared by the establishment or an outside
contractor;

personal
laundry and linen services available to the residents provided or arranged for
by the establishment;

security
provided 24 hours each day including, but not limited to, locked entrances or
building or contract security personnel;

an
emergency communication response system, which is a procedure in place 24 hours
each day by which a resident can notify building management, an emergency
response vendor, or others able to respond to his or her need for assistance;
and

assistance
with activities of daily living as required by each resident. (Section 10
of the Act)

Medication
reminders – reminding residents to take pre-dispensed, self administered
medication, observing the resident, and documenting whether or not the resident
took the medication. (Section 70 of the Act)

Neglect – a
failure by the establishment to provide services, as outlined in the service
delivery contract; a failure to notify the appropriate health care professional
that an assessment is necessary in accordance with the service plan; a failure
to modify a service plan, as appropriate, based on a new physician's
assessment; or a failure to terminate the residency of an individual whose
needs can no longer be met by the establishment, which failure results in an
avoidable decline in function.

Negotiated
risk – the process by which a resident, or his or her representative, may
formally negotiate with providers what risks each are willing and unwilling to
assume in service provision and the resident's living environment. The
provider assures that the resident and the resident's representative, if any,
are informed of the risks of these decisions and of the potential consequences
of assuming these risks. (Section 10 of the Act)

Negotiated
risk agreement – a binding agreement, in compliance with Section 295.2070 of
this Part, describing conditions or situations that could put the resident at
risk of harm or injury, and describing the resident's agreement with the
establishment for how those conditions or situations are to be handled.

Nurse – a
registered nurse or a licensed practical nurse as defined in the Nurse Practice
Act.

Operator – the
person responsible for the control, maintenance and governance of the
establishment, its personnel and physical plant.

Optional
services – may include but are not limited to medication reminders,
supervision of self-administered medication, medication administration and
nonmedical services. (Section 70 of the Act)

Other resident
injury – occurs when a resident is alleged to have suffered physical or mental
harm and the allegation does not fall within the definition of abuse or
neglect.

Owner – the
individual, partnership, corporation, association, or other person who owns an
assisted living or shared housing establishment. In the event an assisted
living or shared housing establishment is operated by a person who leases or
manages the physical plant, which is owned by another person, "owner"
means the person who operates the assisted living or shared housing
establishment, except that if the person who owns the physical plant is an
affiliate of the person who operates the assisted living or shared housing
establishment and has significant control over the day to day operations of the
assisted living or shared housing establishment, the person who owns the
physical plant shall incur jointly and severally with the owner all liabilities
imposed on an owner under the Act. (Section 10 of the Act)

Physical
restraint – any manual method or physical or mechanical device, material, or
equipment attached or adjacent to the resident's body, that the individual
cannot remove easily and that restricts freedom of movement or normal access to
one's body.

Physician –
a person licensed under the Medical Practice Act of 1987 to practice medicine
in all of its branches. (Section 10 of the Act)

Physician's
assessment – a comprehensive assessment that includes an evaluation of the
resident's or prospective resident's physical, cognitive, and psychosocial
condition, completed by a physician. (Section 15 of the Act)

Residency
termination – the relocation or transfer of a resident from an establishment.

Resident – a
person residing in an assisted living or shared housing establishment.
(Section 10 of the Act)

Resident's representative
– a person, other than the owner, agent, or employee of an establishment or of
the health care provider unless related to the resident, designated in writing
by a resident to be his or her representative. This designation may be
accomplished through the Illinois Power of Attorney Act, pursuant to the
guardianship process under the Probate Act of 1975, or pursuant to an executed
designation of representative form specified by the Department. (Section
10 of the Act)

Risk
management – the process by which an establishment assesses and addresses
potential liability.

Self – the
individual or the individual's designated representative. (Section 10 of
the Act)

Service
plan – a written plan developed and mutually agreed upon by the provider and
the resident; which shall be reviewed annually, or more often as the resident's
condition, preferences, or service needs change; and which shall serve
as a basis for the service delivery contract between the provider and the
resident. (Section 15 of the Act)

Severe
mental illness – a condition that is characterized by the presence of a major
mental disorder as classified in the Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association,
1994), where the individual is substantially disabled due to mental illness in
the areas of self-maintenance, social functioning, activities of community
living and work skills, and the disability specified is expected to be present
for a period of not less than one year, but does not mean Alzheimer's disease
and other forms of dementia based on organic or physical disorders.
(Section 75(a)(6) of the Act)

Shared
housing establishment or establishment – a publicly or privately operated
free-standing residence for 16 or fewer persons, at least 80% of whom are 55
years of age or older and who are unrelated to the owners and one manager of
the residence, where the following are provided:

services
consistent with a social model that is based on the premise that the resident's
unit is his or her own home;

community-based
residential care for persons who need assistance with activities of daily
living, including housing and personal, supportive, and intermittent
health-related services available 24 hours per day, if needed, to meet the
scheduled and unscheduled needs of a resident; and

mandatory
services, whether provided directly by the establishment or by another entity
arranged for by the establishment, with the consent of the resident or the
resident's representative.

Shared
housing establishment or establishment does not mean the following:

A home,
institution, or similar place operated by the federal government or the State
of Illinois.

A long term
care facility licensed under the Nursing Home Care Act or a facility licensed
under the MR/DD Community Care Act.A facility licensed under either of
those Acts may, however, convert sections of the facility to assisted living.
If the facility elects to do so, the facility shall retain the Certificate of
Need for its nursing beds that were converted.

A hospital,
sanitarium, or other institution, the principal activity or business of which
is the diagnosis, care, and treatment of human illness and that is required to
be licensed under the Hospital Licensing Act.

A facility
for child care as defined in the Child Care Act of 1969.

A community
living facility as defined in the Community Living Facilities Licensing Act.

A nursing
home or sanitarium operated solely by and for persons who rely exclusively upon
treatment by spiritual means through prayer in accordance with the creed or tenets
of a well-recognized church or religious denomination.

A facility
licensed by the Department of Human Services as a community-integrated living
arrangement as defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.

A
supportive residence licensed under the Supportive Residences Licensing Act.

A life care
facility as defined in the Life Care Facilities Act; a life care facility may
apply under the Act to convert sections of the community to assisted living.

A
free-standing hospice facility licensed under the Hospice Program Licensing
Act.

An assisted
living facility.

A
supportive living facility as described in Section 5-5.01a of the Illinois
Public Aid Code. (Section 10 of the Act)

Sheltered care
facility – a location licensed as a sheltered care facility under the Nursing
Home Care Act.

Significant
change in the resident's condition – a change in the resident's condition that
is substantial enough to indicate to a reasonable person that current supports
and services are insufficient, taking into account the resident's wishes as
addressed in any negotiated risk agreements in effect. A significant change is
not a temporary change in the individual's health with a predictable course,
such as a cold or the gradual deterioration in the ability to carry out
activities of daily living that accompanies the aging process.

Substantial
failure – the failure to meet requirements, other than unimportant omissions or
defects, given the particular circumstances involved.

Sufficient – same
as adequate.

Supervision
of self-administered medication – assisting the resident with self-administered
medication using any combination of the following: reminding residents to take
medication, reading the medication label to residents, checking the
self-administered medication dosage against the label of the medication,
confirming that residents have obtained and are taking the dosage as
prescribed, and documenting in writing that the resident has taken (or refused
to take) the medication. If residents are physically unable to open the
container, the container may be opened for them. Supervision of
self-administered medication shall be under the direction of a licensed health
care professional. (Section 70 of the Act)

Total
assistance – staff or another individual performs the entire activity of daily
living without participation by the resident. (Section 10 of the Act)

Unit – a
separate and physically identifiable space that is used for occupancy.

Valid license –
a license that is unsuspended, unrevoked, and unexpired.